Ben G
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Registered: 12th Jan 07
Location: Essex
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http://mobile.pistonheads.com/news/default.asp?storyId=24267
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Nismo
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Registered: 12th Sep 02
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"It is also claimed the company has admitted liability in an open letter dated August 7, 2009."
well thats that then!
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Neo
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Registered: 20th Feb 07
Location: Essex
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Seriously though, its amazing that they'd try it on ! What are they expecting, caterham to say "yes, because part of the car was hanging it must have been the cause of your crash, not because you were hooning about on a racetrack".
Surely they also have to proove the car was 100% roadworthy and even then trying to claim when they were on a racetrack instantly sounds like they take it on their own shoulders ! Fucking piss boiling here  How can caterham accept liability ?? Fucking retarded !
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John
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Registered: 30th Jun 03
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Just read the article it links to and he was a passenger 
So he got in a car with someone, I'd have to guess, making no checks at all on the car, then isn't happy because it crashed
He should get charged fees for wasting time but will probably get a large payout.
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Jake
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Registered: 24th Jan 05
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it could be they checked other cars of the same model for the fault and found them to be the same after the accident happened so what else could they say?
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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i think they have a case if there is a genuine manufacturer flaw with the car. If you brought a new ford fiesta or something, and the brakes failed due to a manufacturer fault and caused you injury wouldnt you claim?
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LeeM
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Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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quote:
Originally posted by Steve
i think they have a case if there is a genuine manufacturer flaw with the car. If you brought a new ford fiesta or something, and the brakes failed due to a manufacturer fault and caused you injury wouldnt you claim?
bought.
although a track focused car, its still a road car and the only regulations it will legally have to meet will be regulations for the road. a low oil hose will be perfectly safe in all road conditions (otherwise there would be more than one report of death caused by failure) so caterham should get away with it.
on the other hand, this is england so the guy will probably be awarded infinity billion pounds in compensation and caterham will go bust in order to pay him out.
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Neo
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Registered: 20th Feb 07
Location: Essex
User status: Offline
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But by being on track, surely you negate any liability from the manufacturer It's not its intended purpose.
Plus you are expected to check your car before going on to track.
It would be a completely different story if you were on public roads, under the speed limit driving normally.
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3CorsaMeal
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Registered: 11th Apr 02
User status: Offline
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hopefully this doesn't effect corsas or cheap vauxhalls
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Ben G
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Registered: 12th Jan 07
Location: Essex
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The ring isnt a track according to most people, more like a toll road, so not sure about.that.bit.
Maybe steve/ojc can clarofy?
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Paul_J
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Registered: 6th Jun 02
Location: London
User status: Offline
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quote:
Originally posted by Neo
But by being on track, surely you negate any liability from the manufacturer It's not its intended purpose.
I'm fairly sure the R500 caterham was almost designed for track use. Ok, it's road legal - but it's intended purpose is most definitely to be used on track.
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Neo
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Registered: 20th Feb 07
Location: Essex
User status: Offline
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Probably yes paul, but do you not think in the small print somewhere it will say that when the owner takes part in any form of motorsport the manufacturer will not be liable ? I know for certain its in the small print when I bought my car, and I can only assume caterham have a similar stance (especially as their car is track orientated).
I've been having a read - http://www.nurburgring.org.uk/fluidleaks.php
This is the nurburgrings stance on fluid leaks -
First, prevention is key. Make sure your car or bike is in tip-top condition before your trip to the Ring. Check all hoses and caps, and if you drive a diesel car, never top it off right to the brim. In between laps, get into the habit of checking under your car for dripping fluids.
Second, if you have any suspicion that your vehicle may have developed a fluid leak on the way round, pull over onto the grass immediately and check.
Third, if it is leaking, run back down the grass, get behind the armco and flag cars to slow down (it is worth keeping a hi-vis vest in the car to use as a flag). Doing this can literally be the difference between life and death for someone coming round the bend onto your fluids.
Even if you don't care about other people, if you drive on with leaking fluids, you will be legally and financially responsible for every crash that occurs as a result. That means you pay for their cars, bikes, injuries, armco bills, the works. You will also pay for the cost of cleaning the fluids from the track, and the costs of closing the track to do it.
In the article it states the man is trying to say that the crash was caused by a leaking oil hose. If that was the case he should have moved onto the grass straight away.
I actually cannot see how caterham are to blame at all.
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Matt L
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Registered: 17th Apr 06
User status: Offline
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im with mike on this one.
It is laughable that he is trying to sue them.
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mwg
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Registered: 19th Feb 04
Location: South Lakes
User status: Offline
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I would sue too if what is being said is true. If my car had that fault and I crashed because of it I would be all over the manufacturer for compensation.
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spencer88
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Registered: 6th Oct 08
Location: cornwall
User status: Offline
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If I was going round the ring, I would check my car over properly, not take the manufacturers word for it!
His own fault.
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mwg
Member
Registered: 19th Feb 04
Location: South Lakes
User status: Offline
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Do I have to thoroughly check my car to drive on the M6 toll road?
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Robin
Premium Member
Registered: 7th Jan 04
Location: Northants Drives: Clio 182 Cup
User status: Offline
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Interesting story this.
Caterham are being sued because of a defect with a single car.
As it's a low volume manufacturer, in 2009 that very car (factory assembled or not) would have had to go through the SVA, so anything like that should have been picked up.
If it wasn't a factory built car, they're not liable at all, and if it was, surely it would have to be proven by an independent company that the accident was caused by that apparent defect?
As someone on PH said, it seems like this has happened
Nurburgring said no when they were asked for compensation
Insurance company said no when they were asked for compensation
Caterham were the only people left with any kind of money who could potentially be liable.
I'd tell the guy to go fuck himself, but he can't as he is now a vegetable.
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Eddx14xe
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Registered: 12th Jan 10
Location: Hertfordshire
User status: Offline
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Its intended use is for track days, you dont buy one for for going to tesco's once a week do you?
http://www.caterham.co.uk/assets/html/showroom/superlightr500.html
it even says on there website about it being used on the road or a track.
If there is a generally flaw in the design which caused the accident, then he has every right to claim.
BUT if it was due to poor servicing, not realising it was worn away or defect then thats up to him.
We dont know about the design of these cars (dont think anyone on here has one etc). Nor do we know about how well the care was looked after etc, so none of us can say that he does or doesn't have a right to claim.
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3CorsaMeal
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Registered: 11th Apr 02
User status: Offline
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RIP
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Matt L
Member
Registered: 17th Apr 06
User status: Offline
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quote:
Originally posted by mwg
Do I have to thoroughly check my car to drive on the M6 toll road?
no but the manufactures would recall something back if it was unable to do 70 on a motorway however hooning it around a track is totally different.
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FlamingCorsa
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Registered: 22nd Apr 03
Location: Shropshire
User status: Offline
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when we were at oulton park last time the people next to us had an atom 300 and tvr! the atom supercharger belt somehow had worn through an oil pipe! and it dumped all its oil! they didnt crash.........but there were not complaining at all!
its always a risk driving on tracks! especially the ring cos the speeds are so high! thats y i am sure it would scare me! give me a small slower british track anyway! lol
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N7 THD
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Registered: 22nd Oct 08
Location: Kent
User status: Offline
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regardless on the manufacturer, the owner of the car, especially seeing as the car was probably purchased for blatting/ trac days etc, should be aware of the state/ condition of their car...
Also even if the car was assembled at home (as my dad and I did in 2003) the car still need to have an SVA test...
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